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But with respect to the first point, Apple is using the patent system exactly as it was intended. Apple has been researching personal computing since it was founded, and invests heavily in figuring out exactly what works to make viable products.

How do you feel about the MS attacks against Android? I find it odd that so many have come out in support of Apple, but against MS. MS has taken a much softer position (licensing fees vs injunctions) and frankly the Apple patents are no stronger than MS's in these cases. In fact, I think that one of Apple's patents have prior art in Windows Mobile.

Personally, I've come around to believing that we should end SW patents (if you can actually separate them from patents at all), but as long as they're on the books a public company that isn't utilizing them to the best of their ability is violating their fudiciary duty.



Software patents and public companies' fiduciary duty to maximize shareholder wealth: two legally-enthroned perverse incentives.




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